Recently in Injury & Tort Law Category

In an action alleging detainee abuse by private military contractors that provided services to the U.S. government at the Abu Ghraib military prison during the war in Iraq, denial of summary judgment to one defendant is reversed where plaintiffs' tort claims were preempted under the military contractor immunity doctrine.  Judgment for the other defendant is affirmed on the same grounds.

Read Saleh v. Titan Corp., No. 08-7008

Appellate Information

Argued February 10, 2009

Decided September 11, 2009

Judges

Opinion by Judge Silberman

Counsel

For Appellants:

Susan L. Burke

Katherine Gallagher

For Appellee:

Ari S. Zymelman, Williams & Connolly LLP, Washington, DC

F. Whitten Peters, Williams & Connolly LLP, Washington, DC

In an action against the Islamic Republic of Iran for causing Hezbollah's assassination of plaintiff's grandfather (chief of the Iranian armed forces), dismissal of plaintiff's emotional distress claim is reversed where the district court erred by failing to apply French law because, in addition to having the most significant relationship to the assassination, France had a strong governmental interest in both deterring attacks within its sovereign borders and ensuring compensation for injuries to its domiciliaries.

Read Oveissi v. Islamic Repub. of Iran, No. 07-7132

Appellate Information

Argued March 12, 2009

Decided July 28, 2009

Judges

Opinion by Judge Garland

Counsel

For Appellant:

James W. Spertus, Los Angeles, CA

Ezra D. Landes, Los Angeles, CA

In a tort action against the U.S. based on the Coast Guard's decision to phase out single-hulled oil barges such as those operated by Plaintiff, the dismissal of the complaint is affirmed where Plaintiff identified no duty that could give rise to liability under state law.

Read Hornbeck Offshore Transp., LLC v. US, No. 08-5225

Appellate Information

Argued April 14, 2009

Decided June 30, 2009

Judges

Opinion by Judge Brown

Concurrence by Judge Rogers

Counsel

For Appellant:

Gene C. Schaerr, Winston & Strawn LLP, Washington, DC

Lawrence I. Kiern, Winston & Strawn LLP, Washington, DC

For Appellee:

Sydney A. Foster, Attorney, U.S. Department of Justice, Washington, DC

In a personal injury action arising out of a nightclub's failure to monitor an alley next to its exit where Plaintiff was attacked, judgment for Plaintiff is affirmed where a reasonable jury could have found that Plaintiff did not voluntarily enter the fray, but rather was swept up in the attack.

Read Novak v. Capital Mgmt. & Dev. Corp., No. 08-7135

Appellate Information

Submitted November 14, 2008

Decided June 26, 2009

Judges

Opinion by Judge Garland

Counsel

For Appellant:

Brian E. Hoffman, Saunders & Schmieler, P.C.

Jeffrey R. Schmieler, Saunders & Schmieler, P.C.

For Appellee:

Patrick M. Regan, Regan, Zambri & Long, P.L.L.C., Washington, DC

In a legal malpractice action, summary judgment for Defendant law firm is affirmed where previous litigation involving Defendant's fee applications and the malpractice claim arose out of the same nucleus of facts and the identity element of res judicata was satisfied.

Read Capitol Hill Grp. v. Pillsbury, Winthrop, Shaw, Pittman, LLC, No. 08-7109

Appellate Information

Argued May 11, 2009

Decided June 26, 2009

Judges

Opinion by Judge Brown

Counsel

For Appellant:

Emil Hirsch

For Appellee:

Jack McKay, Pillsbury, Winthrop, Shaw, Pittman, LLC, Washington, DC